{"title":"领土争端与国际法:恢复仲裁的独特性","authors":"Asaf Siniver","doi":"10.1057/s41311-024-00585-6","DOIUrl":null,"url":null,"abstract":"<p>This study aims to bridge the disciplinary gap between IR and international law in the study of conflict resolution by highlighting the <i>sui generis</i> nature of arbitration as a hybrid political-legal method of dispute settlement that has been lost over the years due to its overly judicialized application. It reclaims the unique nature of arbitration by demonstrating its capacity to enable state flexibility and autonomy which can be found in mediation, whilst providing a final and legally binding solution, which is commonly associated with adjudication. Utilizing the case study of the Beagle Channel arbitration between Chile and Argentina (1971–77), this study demonstrates that a key reason behind the general misuse and disuse of arbitration is the failure of states to capture its <i>sui generis</i> nature and instead adopt an overly judicialized approach.</p>","PeriodicalId":46593,"journal":{"name":"International Politics","volume":null,"pages":null},"PeriodicalIF":1.4000,"publicationDate":"2024-07-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Territorial disputes and international law: reclaiming the sui generis nature of arbitration\",\"authors\":\"Asaf Siniver\",\"doi\":\"10.1057/s41311-024-00585-6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>This study aims to bridge the disciplinary gap between IR and international law in the study of conflict resolution by highlighting the <i>sui generis</i> nature of arbitration as a hybrid political-legal method of dispute settlement that has been lost over the years due to its overly judicialized application. It reclaims the unique nature of arbitration by demonstrating its capacity to enable state flexibility and autonomy which can be found in mediation, whilst providing a final and legally binding solution, which is commonly associated with adjudication. Utilizing the case study of the Beagle Channel arbitration between Chile and Argentina (1971–77), this study demonstrates that a key reason behind the general misuse and disuse of arbitration is the failure of states to capture its <i>sui generis</i> nature and instead adopt an overly judicialized approach.</p>\",\"PeriodicalId\":46593,\"journal\":{\"name\":\"International Politics\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2024-07-20\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Politics\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1057/s41311-024-00585-6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"INTERNATIONAL RELATIONS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Politics","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1057/s41311-024-00585-6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"INTERNATIONAL RELATIONS","Score":null,"Total":0}
Territorial disputes and international law: reclaiming the sui generis nature of arbitration
This study aims to bridge the disciplinary gap between IR and international law in the study of conflict resolution by highlighting the sui generis nature of arbitration as a hybrid political-legal method of dispute settlement that has been lost over the years due to its overly judicialized application. It reclaims the unique nature of arbitration by demonstrating its capacity to enable state flexibility and autonomy which can be found in mediation, whilst providing a final and legally binding solution, which is commonly associated with adjudication. Utilizing the case study of the Beagle Channel arbitration between Chile and Argentina (1971–77), this study demonstrates that a key reason behind the general misuse and disuse of arbitration is the failure of states to capture its sui generis nature and instead adopt an overly judicialized approach.
期刊介绍:
International Politics?is a leading peer reviewed journal dedicated to transnational issues and global problems. It subscribes to no political or methodological identity and welcomes any appropriate contributions designed to communicate findings and enhance dialogue.International Politics?defines itself as critical in character truly international in scope and totally engaged with the central issues facing the world today. Taking as its point of departure the simple but essential notion that no one approach has all the answers it aims to provide a global forum for a rapidly expanding community of scholars from across the range of academic disciplines.International Politics?aims to encourage debate controversy and reflection. Topics addressed within the journal include:Rethinking the Clash of CivilizationsMyths of WestphaliaHolocaust and ChinaLeo Strauss and the Cold WarJustin Rosenberg and Globalisation TheoryPutin and the WestThe USA Post-BushCan China Rise Peacefully Just WarsCuba Castro and AfterGramsci and IRIs America in Decline。